Procurement Act 2023

42Direct award to protect life, etc

This section has no associated Explanatory Notes

(1)If a Minister of the Crown considers it necessary, the Minister may by regulations provide that specified public contracts may be awarded under section 41 as if a direct award justification applies.

(2)In subsection (1), “necessary” means necessary to—

(a)protect human, animal or plant life or health, or

(b)protect public order or safety.

(3)Provision under subsection (1) may—

(a)specify contracts or classes of contract, or otherwise describe contracts by reference to purpose, subject-matter or contracting authority;

(b)include other conditions or limitations;

(c)confer a discretion.

(4)A Minister of the Crown must—

(a)keep regulations made under subsection (1) under review, and

(b)if the Minister considers that direct award under section 41 is no longer necessary, revoke the regulations.